2011 (3) TMI 1646 - AT - Income Tax

Summary

Issues involved: Appeal against deletion of addition of unclaimed unsecured loans under section 28(iv) of the Income-tax Act, 1961.

The Appellate Tribunal ITAT DELHI dismissed the appeal where the revenue challenged the deletion of addition of unclaimed unsecured loans amounting to Rs. 47,05,387 by the ld. Commissioner of Income-tax (Appeals). The AO contended that as the assessee had not been carrying on any business activity for many years, the unsecured loans payable were not obligatory to be paid back, thus constituting income u/s 28(iv) of the Income-tax Act, 1961. However, the ld. CIT(Appeals) found that the conditions of section 41(1) were not met, leading to the deletion of the addition.

The AO's argument was based on the decision of the Hon'ble Supreme Court in the case of T.V. Sundaram Iyengar & Sons Ltd., 222 ITR 344, where it was held that the amount written off to profit and loss account on account of trading transactions constituted income. However, the Tribunal distinguished this case as the amounts in question were loans, not trading transactions, and had not been written off to the profit and loss account.

The Tribunal further analyzed the nature of the liability, concluding that it was capital in nature and had not been written off to the profit and loss account. The AO's assertion that the assessee was not engaged in business was contradicted by the allowance of a business loss. As the liability had not ceased to exist and no benefit had been derived from it in the past, the Tribunal upheld the deletion of the addition.

In the absence of representation from the assessee, the Tribunal relied on the submissions of the ld. DR and found no error in the impugned order that warranted modification. Consequently, the appeal was dismissed, affirming the decision of the ld. CIT(Appeals).

The judgment was pronounced in the open court on 25 March 2011.